insurance policy challenge in Florida

10 Florida opinions name it 2 courts 1952–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Better Const. v. Nat. Union Fire Ins.green fladistctapp · 1995 · cited in 3 Florida opinions naming this issue, 2015–2017 2 sentences 2015Corp. v. Ifergane, 114 So.3d 190 (Fla. 3d DCA 2012) (“Post loss insurance claims are freely assignable without the consent of the insurer.”); Better Constr., Inc. v. Nat’l Union Fire Ins., 651 So.2d 141, 142 (Fla. 3d DCA 1995) (“[A] provision against assignment of an insurance policy does not bar an insured’s assignment of an after-loss claim.”). 2015Co., 651 So.2d 141, 142 (Fla. 3d DCA 1995) (“[A] provision against assignment of an insurance policy does not bar an insured’s assignment of an after-loss claim.”); Gisela Invs., N.V. v. Liberty Mut.	2	3
State Farm v. Metropolitan Dade Countygreen fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2024–2024 1 sentence 2024Dade Cnty., 639 So. 2d 63, 66 (Fla. 3d DCA 1994) (“The fact that an insurance policy requires analysis to comprehend its scope does not mean it is ambiguous.” (citation omitted)))).	1	1
Reed v. Stategreen fla · 1990 · cited in 1 Florida opinions naming this issue, 2017–2017 2 sentences 2017In Reed v. State, 560 So.2d 203, 206 (Fla. 1990), the Florida Supreme Court affirmed the peremptory challenge of an African-American juror, recognizing that “[o]nly one who is present at the trial can discern the nuances of the spoken word and the demeanor of those involved.” Notably, the court reasoned that in future cases ■ it would “rely on the inherent fairness and color blindness of our trial judges who are on the scene and who themselves get a ‘feel’ for what is going on in the jury selection process.” Id. 2017In Reed v. State, 560 So.2d 203, 206 (Fla. 1990), the Florida Supreme Court affirmed the peremptory challenge of an African-American juror, recognizing that “[o]nly one who is present at the trial can discern the nuances of the spoken word and the demeanor of those involved.” Notably, the court reasoned that in future cases ■ it would “rely on the inherent fairness and color blindness of our trial judges who are on the scene and who themselves get a ‘feel’ for what is going on in the jury selection process.” Id.	1	1
Citizens Property Insurance Corp. v. Iferganegreen fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2015–2015 1 sentence 2015Corp. v. Ifergane, 114 So.3d 190 (Fla. 3d DCA 2012) (“Post loss insurance claims are freely assignable without the consent of the insurer.”); Better Constr., Inc. v. Nat’l Union Fire Ins., 651 So.2d 141, 142 (Fla. 3d DCA 1995) (“[A] provision against assignment of an insurance policy does not bar an insured’s assignment of an after-loss claim.”).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Humana Worker's Comp. Services v. Home Emergency Services, Inc. green fla · 2003 1 sentence 2004The Florida Supreme Court, in Humana Worker's Compensation Services v. Home Emergency Services, Inc., 842 So.2d 778 (Fla.2003), found that an employer's liability insurer was not liable under the terms of the insurance policy for a claim of spoliation of evidence.	1	2004–2004
Am. Motorists Ins. v. FARREY'S WH. HARDWARE CO. green fladistctapp · 1987 1 sentence 1994"The fact that an insurance policy requires analysis to comprehend its scope does not mean it is ambiguous." Farrey's Wholesale Hardware, 507 So.2d at 645 ; Hess v. Liberty Mut.	1	1994–1994
Aetna Insurance Co. v. Settembrino green fladistctapp · 1975 1 sentence 1986The policy language did not by this or other language shift to the insured the risk of delivery by providing that mailing a written notice would constitute "giving ... written notice." In Aetna Insurance Co. v. Settembrino, 324 So.2d 113 (Fla. 3d DCA 1975), the court found that "where a policy provides for written notice of cancellation, but does not specify the method of giving notice and the notice is given by mail, the effective date of cancellation is to be determined based on the date of receipt of the notice by the insured." (e.s.) Jurisdictions outside of Florida resolve the issue of wh	1	1986–1986
Government Employees Insurance Co. v. Dennis green utah · 1982 1 sentence 1985Government Employees Insurance Co. v. *352 Dennis, 645 P.2d 672 (Utah 1982); Automobile Club Inter-Insurance Exchange v. Tonkins, 509 S.W.2d 802 (Mo. App. 1974).	1	1985–1985
Automobile Club Inter-Insurance Exchange v. Tonkins green moctapp · 1974 1 sentence 1985Government Employees Insurance Co. v. *352 Dennis, 645 P.2d 672 (Utah 1982); Automobile Club Inter-Insurance Exchange v. Tonkins, 509 S.W.2d 802 (Mo. App. 1974).	1	1985–1985
Coral Gates Properties v. Hodes green fla · 1952 1 sentence 1952In the case of Coral Gates Properties, Inc., v. Hodes, Fla., 59 So.2d 630 , the Court had before it an oral contract.	1	1952–1952

Where else courts name it

IL 14 (1920–2025) TX 11 (1911–2021) FL 10 (1952–2024) PA 10 (1951–2018) NY 10 (1945–2009) MI 8 (1951–2017) CA 4 (1975–1999) GA 4 (1979–1993) MO 4 (1983–2019) OH 4 (1964–2011) MA 3 (2004–2023) DE 3 (1973–2010) AZ 3 (1972–2014) CT 3 (1994–2002) IN 3 (1982–2014) AK 2 (1994–2000) WV 2 (1979–1990) NE 2 (1987–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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